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Texas trying to fix 'illegal' special education system
'Texas tiryyiiin to fiiix Wiiilllllle alll' slpeciiialll education system
By: Will Weissert The Associated Press, IPulblliislhed on IFri Juin 12 201
AUSTIN, Texas — A U.S. Department of Education investigation has found that Texas violated
federal law for more than a decade by capping the percentage of students allowed to access
special education services, thus failing to provide an adequate public education to thousands of
youngsters with disabilities.
The announcement came after a 2016 newspaper investigation revealed the cap. Federal
officials first descended on Texas more than a year ago to investigate, and last year the state
education agency scrapped all such benchmarks and the Legislature passed laws designed to
prohibit similar ones in the future.
But now, Republican Gov. Greg Abbott has given his education agency a week to produce a plan
to completely "reform special education" in the nation's second-largest state.
How did Texas get here and what could happen next:
WHAT THE FEDS FOUND
Department of Education regulators say Texas illegally capped its special education services at
8.5 per cent of students statewide in 2004, allowing school districts to deny services to
thousands of kids with disabilities until 2016. Affected students couldn't get assistance such as
therapy or extra instruction for learning disabilities.
State data shows that about 32,000 fewer students got special education services between the
2003-2004 school year and the last academic year, even though Texas' booming population saw
classroom enrolment jump by around 1 million kids to 5.3 -plus million over the same period.
The federal report says state officials didn't expressly require school districts to limit special
education enrolment , but noted that the "performance indicator" of 8.5 per cent had that effect.
The Houston Chronicle reported in 2016 that Texas had for years quietly capped statewide
special education enrolment at 8.5 per cent . Federal officials came to Texas in December that
year to hear from parents whose children were denied services, and they returned last February
to visit school districts.
THE FALL OUT
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1/15/2018
Texas trying to fix 'illegal' special education system
State officials have already scrapped the cap, but the report orders Texas to identify students
with disabilities who were previously excluded and rectify that — as well as improve how school
districts evaluate eligible youngsters and deliver special education services to them going
forward.
It largely leaves the timeline for such improvements up to state education officials. Abbott,
though, demanded that the state education agency produce by next week "an initial corrective
action plan" to fully revamp special education.
Texas Education Commissioner Michael Morath says his agency has already added 39 statewide
special education support staff to work with school districts and better administer services.
Abbott also wants Morath's agency to suggest longer-term solutions that the state Legislature
can discuss. Last year, lawmakers passed two laws designed to prevent future limits on special
education enrolment , though efforts to take more comprehensive steps fizzled.
NOW WHAT?
Advocates want more state support for special education programs and better training for school
administrators and teachers on how to better identify students in need, as well as more
transparency on enrolment decisions.
Also, federal law mandates that states have advisory committees on special education, but
Texas' languished for months because of a high number of vacancies. Abbott made 17
appointments in December and the board was meeting Friday, discussing how to make
improvements.
While the governor's deadline means Texas should produce a plan for a special education
overhaul quickly, implementation will take longer. And legislative solutions will be even slower
since state lawmakers only meet every -other year and won't be back in session until January
2019.
Meanwhile, Texas fired state special education director Laurie Kash in November, following her
filing a federal complaint over the education agency's having awarding a now -cancelled , no -bid
contract to a company tasked with analyzing student data before she was hired.
The agency said Kash's firing wasn't related to the compliant, coming instead because she failed
to disclose allegations of the sexual abuse of a girl at an Oregon school district where she
previously worked. But the vacancy means Texas will have no one in a top position as it sets
about overhauling special education services.
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